Legal Reasoning in Environmental Law
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Legal Reasoning in Environmental Law

A Study of Structure, Form and Language

Douglas Fisher

Legal Reasoning in Environmental Law provides a comprehensive review and analysis of the range of legal reasoning processes to support the understanding, interpretation and application of international, regional and national rules of environmental law.
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Chapter 9: Judicially constructed rules: Common resources

A Study of Structure, Form and Language

Douglas Fisher


In Chapter 8 we reviewed a number of provisions, first, in the United Nations Convention on the Law of the Sea 1982 and, second, in three of the agreements that comprise the World Trade regime. The focus of the first was a combination of environmental protection and resource conservation. The second addressed the relationship between the facilitation of international trade as a mechanism for economic growth on the one hand and the protection of the environment and public health and the conservation of natural resources on the other hand. Let us turn now to the arrangements directed specifically at the protection of the marine environment and then those directed at the protection of international water- courses. It is not surprising that for the most part these arrangements are in the form of rules of limitation. The two MOX Plant cases focus on the protection of the marine environment, in compliance with the United Nations Convention on the Law of the Sea 1982 and with the Convention for the Protection of the Marine Environment of the North-East Atlantic 1992. In each case the tribunal had the opportunity to discuss in detail a number of the provisions in these conventions. The disputes in the River Danube case and the Pulp Mills case were determined by the International Court of Justice. Each of these disputes involved a particular project that was the subject of a bilateral agreement between the two states in question.

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